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(A) Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this chapter may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator, and include the required fee and escrow set forth by the current township fee schedule, as adopted and amended by the Board of Supervisors from time to time.
(B) Upon receipt of such appeal, the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code (53 P.S. §§ 10101 et seq.) and any other local ordinances.
(C) Any person aggrieved by any decision of the Zoning Hearing Board may seek relief there from by appeal to court, as provided by the laws of this Commonwealth including the Pennsylvania Floodplain Management Act, being 32 P.S. §§ 679.101 et seq.
(Ord. 177, passed 2-24-2015)
IDENTIFICATION OF FLOODPLAIN AREAS
(A) The identified floodplain area shall be:
(1) Any areas of the township, classified as special flood hazard areas (SFHAs) in the flood insurance study (FIS) and the accompanying flood insurance rate maps (FIRMs) dated March 16, 2015 and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the flood insurance study; and
(2) For areas abutting streams and watercourses where the 100-year floodplain (1% annual chance flood) has not been delineated by a flood insurance study, the applicant shall submit a floodplain identification study. The study prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the 100-year floodplain. The floodplain study shall be subject to the review and approval of the township. All areas inundated by the 100-year flood shall be included in the floodplain area.
(B) The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by the township and declared to be a part of this chapter.
(Ord. 177, passed 2-24-2015)
The identified floodplain area shall consist of the following specific areas/districts:
(A) The Floodway Area/District identified as floodway in the FIS that represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
(1) Within any Floodway Area, no encroachments, including fill, new construction, substantial improvements or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(2) Within any floodway area, no new construction or development shall be allowed, unless a permit is obtained from the Pennsylvania Department of Environmental Protection Regional Office.
(B) The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided.
(C) The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 1% annual chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by registered professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the township.
(D) For areas adjoining streams, ponds and lakes not included in the FIS prepared by FEMA, the municipality will require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations and the like shall be submitted in sufficient detail to allow a thorough technical review by the township. All areas inundated by the 100-year flood shall be included in the floodplain area.
(Ord. 177, passed 2-24-2015) Penalty, see § 151.999
The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change within the AE Area/District or A Area/District, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, FEMA shall be notified of the changes by submission of technical or scientific data. Refer to § 151.060(B) for situations where FEMA notification is required.
(Ord. 177, passed 2-24-2015)
Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
(Ord. 177, passed 2-24-2015)
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